Murder Essay Ao1 Flashcards
Murder intro
Indictable offence
MLS-judge has no choice but to give it.
Specific intent crime so only intention will satisfy the mens rea.
Define murder
Unlawfully kill under the queens peace in any country of the realm.
Who was murder defined by?
Lord Coke in the 17th century
AG ref 3 of 1994
The death must be of a human being.
However this can be debated in in AG ref 3 of 1994 when the foetus is only considered in the law once it is Independent from the wound.
However, you can still argue a foetus is still a life.
AiredaleNHSTrustvBland
Brain stem dead
R v Martin- example of an unlawful kill.
SD case under criminal justice and immigration act 2008. The courts held D used excessive force as the victims were running away. Therefore the defence was unsuccessful.
Factual and legal causation to satisfy actus reus.
Factual causation = ‘but for’ test established in R v White
Legal causation = De minimus rule established in R v Kimsey- was D substantive and operative cause?
Mens rea
Do AR with malice aforethought
With either an expressed intent to kill or an implied intent to cause serious injury directly or indirectly.
R v Vickers
Intention to inflict GBH was enough to satisfy malice aforethought.
Direct intention
R v Mohan
D had a true aim and purpose to bring about the consequences of the crime.
Indirect intention
Know as oblique intent which is known as foresight of consequences under S.8 of CJA 1967.
Means D foreseen natural and probable consequence of their actions.
R v Nedrick
Jury are not entitled to infer intention unless they are sure death/GBH is a virtual certainty.
R v Woolin
Jury are not allowed to use word infer. Entitled to find intention.
Virtual certainty = confirmed
Matthews and Alleyne
Jury are entitled to find intention but don’t have to.
